s14_annexation of highway rights-of-way_ltc2013

7/29/2019 S14_Annexation of Highway Rights-Of-Way_LTC2013

1/58

MUNICIPAL ANNEXATIONS

State Highway Implications


2/58


3/58

180. Ordinance to annex territory owned by a public body

A. The governing body of any municipality other than the city of New Orleans may, by ordinance,

enlarge the boundaries of the municipality to include territory within which all of the land is owned by a stateagency, political subdivision, or public body, but only upon petition of the governing body of the agency,

political subdivision, or public body owning the land which is to be so included. Except as otherwise provided

by this Section, the governing body of the municipality may, in its discretion, upon majority vote thereof, adopt

such an ordinance without the necessity of compliance with any of the procedures of advertisement, petition by

residents, public hearing, or other procedures set forth in this Subpart.

B. No municipality may annex the paved portion of a public road without including in such

annexation all property adjacent to at least one side of the road, the paved portion of which is included in theannexation. At the discretion of the Department of Transportation and Development, the paved portion of an

interstate highway right-of-way may be excluded from the annexation without the annexation being considered

non-contiguous.

C. A municipality may annex a portion of the right-of-way of a public road as a corridor

connecting other property which is not contiguous to the municipality but which is to be annexed without

including the property adjacent to the corridor. Any annexation pursuant to this Subsection shall be in

accordance with the following:(1) The municipality shall, by certified mail, notify the state agency or political subdivision which

owns the road proposed to be annexed at least thirty days prior to the introduction of the ordinance proposing

such annexation.

(2) The petition or written consent of the state agency or political subdivision must be received by

the municipality prior to the adoption of the ordinance.

Added by Acts 1964, No. 289, 1; Acts 1997, No. 1304, 1; Acts 2012, No. 594, 1, eff. June 7,

2012; Acts 2012, No. 594, 1.

RS 33:180


4/58


5/58


6/58

Right-of-Way versus Pavement

While highway right-of-way may be annexed to

provide connectivity to a satellite property, the

pavement cannot be annexed unless all property on

at least one side of the road is included in theannexation.

Without annexation of the pavement, traffic law

enforcement remains with State Police and the local

sheriffs office.


7/58


8/58


9/58

Interstate Right-of-Way

Act 594 (HB 788) of 2012 Regular Session

amended R.S. 33:180(B)

At the discretion, of the DOTD, the paved portion

of an interstate highway right-of-way may beexcluded from the annexation without the

annexation being considered non-contiguous.

Allows municipalities to annex properties on theother side of the Interstate without annexing the

Interstate pavement.


10/58


11/58


12/58

DOTD Philosophy

We want to help Louisiana cities and towns develop.

At the same time, we must guard against abuses.

Some municipalities want to annex highway right-of-

way, including the pavement, as a means of

generating revenue through traffic law enforcement.

Act 594 of the 2012 Regular Session allows us to help

cities and towns while limiting the potential for abuse. We must be fair to all, apply RS 33:180 consistently,

and do whats right.


13/58

Examples


14/58


15/58


16/58


17/58

Example Letter ofNo Objection


18/58

Right-Sizing the

State Highway System


19/58

Questions to Answer

Who

What

When

Where

Why How


20/58

Philosophy (Why)

The more government we can keep at the locallevels, in local hands, the better off we are and the

more freedom we will have.

President ReaganAnnual Convention of the National Association of Counties,

Baltimore, Maryland, July 13, 1982

This administration believes that responsibilitiesand resources should be restored to the

governments which are closest to the peopleserved.

President ReaganStatement on Indian Policy,

January 24, 1983


21/58

Philosophy (Why)

state

Taking power away from federal bureaucracies and

giving it back to communities and individuals is

something everyone should be able to be forPresident Clinton

State of the Union Address to Congress,

January 25, 1995

The era of big government is overPresident Clinton

State of the Union Address to Congress,

January 23, 1996


22/58

Philosophy (Why)

Current model of strong state weak localgovernment has been in place for 75 years ormore.

Current model has not produced good results.

- Louisiana lags behind in many economic andsocial indicators.

Many Louisiana citizens believe stategovernment is too big.


23/58

Overview (Who & What)

Opportunity exists to:

Reduce the size of DOTD

Empower local governments

Correct inequities in the distribution ofstate highway miles among the parishes


24/58

Overview (Who & What)

Concept of Right-Sizing the State Highway Systeminvolves transferring approximately 5000 miles ofroad, with the money, to local governments.

State Highway System is too big; Right-Sizing has beencalled for in State Transportation Plan since 2003.

DOTD needs to focus more on construction less on

operations and maintenance. DOTD can help with capital projects for those local

governments willing to accept greater O&Mresponsibilities.


25/58


26/58


27/58

Role of State in Highway Network(Where)

Ensure that Louisiana is well connectedto the rest of the country and world

Provide for the movement of people,

goods, and services between andthrough urban areas. Travel within anurban area is a local responsibility

Maintain a basic farm-to-marketnetwork in rural areas. These areas lacksufficient population, and therefore tax

base, to maintain these facilities


28/58

Right- Sizing Principles (Where)

State should not be maintainingneighborhood streets in urban or rural areas


29/58

Right- Sizing Principles (Where)

2002

2009

State mileage inversely proportional to population As population increases, need for farm-to-market

network decreases

Former rural state roads become urban and suburbanstreets


30/58

Right-Sizing Principles (Where)

In urban areas, the State System shouldconsist only of roads that serve a significantinterurban function

Intraurban travelneeds are bestserved by local

governments evenif streets have hightraffic volumes


31/58

Transfer Mileage (Where)

State Highway System mileage following transfer = 11,919.17

New State construction (including TIMED) = 75.32

Revised State Highway System mileage = 11,994.49

Proposed limit for State Highway System = 12,000.00 miles* Excludes frontage roads

Maps showing transfer roads have been developed for each parish

Roads being retained by State are shown in red

Roads proposed for transfer are shown in green

Transferred roads do not disappear, rather the ownership changes


32/58


33/58

Compensation (When & How)

Participation in the program is voluntary, its straightbusiness, and is available now.

Roads will be repaired prior to transfer under theDOTD Road Transfer Program.

Local governments will be credited for 40 years ofroutine and capital maintenance which can be applied

to any highway capital project(s).

Local governments interested in participating need tocontact their DOTD District Administrator.


34/58

Benefits to Local Governments

Immediate capital assistance withonly minor near-term O&M costincreases

Greater authority in

transportation decision-makingincluding prioritization and fundallocation

Authority to regulate traffic anddevelopment over larger portionof network

Ability to implementcomprehensive plans with lessinterference/ less dependency on

the State.


35/58

Benefits to State Government

Seizing the opportunity will allowDOTD to focus on the systemmost important to the economy

Freight movement

Tourism

Business travel


36/58

Realities and Opportunities

Because of budgetary pressures, much of governmentis devolving to the local level.

Those who want good infrastructure and amenities,and are willing to pay for it, can have it.

The Road Transfer Program offers an opportunity forimmediate capital assistance to jump start the repair

and enhancement of infrastructure.


37/58

Interstate Frontage Roads

Overview and Policy

Louisiana Department of Transportationand Development


38/58

Interstate Highway System Overview

Interstate Highway System is a national networkof just under 43,000 miles of freeways.

Construction began in the late 1950s and waslargely completed in the 1990s.

The Interstate Highway System is unsurpassed inhighway mobility and safety.

The Interstate Highway System is an engineeringmarvel truly the 8th wonder of the world


39/58

Purpose of the IHS

The Interstate Highway System was constructed

for national defense and interstate commerce.

System planners recommended routing aroundurban areas; local leaders demanded that it pass

through the heart of urban areas.

Unfortunately, the Interstate has become MainStreet in many communities serving as the

main local traffic artery.


40/58

Desire to Access the IHS

Since IHS construction began in the late 1950s,attempts to access the system have beenfrequent and a source of conflict between StateDOTs/FHWA and individuals/local governments.

Transferring traffic from the local street networkto the Interstate is often viewed as the solution tolocal congestion problems.

Connecting streets and driveways to the IHS isfrequently perceived as a path to individualand/or community economic gain.


41/58

Stewardship of the IHS

Stewardship of the State Highway System,including the IHS, has been entrusted to DOTD.

We take this responsibility very seriously andcarefully consider a full range of possible impactsand possible futures when making policydecisions.

Even so, for Interstate highways, the FHWA still

exercises considerable oversight, particularlyregarding adding or modifying access andregarding encroachments into the right-of-way.


42/58


43/58

Basic Interstate Section


44/58

Types of Frontage Roads

Two-WayTwo-Way


45/58


Backage (two-way)Backage (two-way)


46/58


Traditional One-Way

Traditional One-Way


47/58


Traditional One-Way DetailTraditional One-Way Detail

I__________


48/58


I_____________________

Two-Way with Slip Ramps


49/58


X-Pattern One-WayX-Pattern One-Way


50/58


Hybrid One-Way

Hybrid One-Way


51/58

DOTD Frontage Road Philosophy

DOTD does not favor frontage roads.

DOTD constructs frontage roads only whenestablishing new Interstate-type highways and

only when such construction is less expensivethan purchasing property that would otherwisebe landlocked.

Frontage roads result in greater concentrationsof traffic in the Interstate corridor which inmany cases is already congested.


52/58

DOTD Frontage Road Philosophy

Frontage roads can cause operational and

safety problems, even for the mainline of the

Interstate.

Frontage roads lead to land-use decisions and

urban form not in keeping with current best

planning practices.

Frontage roads serve property on only one

side. Backage roads are preferable.


53/58

DOTD Frontage Road Policy

Local governments may construct frontage roads:

For Two-Way or Backage types, no approval or permits from

DOTD or FHWA are required except at connections to state

highways.

For other types, DOTD/FHWA approval and permits are required.

Two-Way Backage (two-way)


54/58

DOTD Frontage Road Policy

However:

Frontage roads must be constructed on new right-of-way.

Interstate right-of-way was acquired, throughexpropriation in many cases, to ensure adequateroom for future expansion and to ensure adequateseparation between the facility and adjacent land

uses.

Interstate right-of-way was not acquired for thepurpose of frontage road construction.


55/58

Traditional One-Way

DOTD must own frontage road between ramp connection and

crossroad.

No access connections allowed between ramp connection andcrossroad.

IMR and tripartite agreement required.

_____

T W i h Sli R


56/58

Two-Way with Slip Ramps

Only appropriate in rural areas (1) where traffic volumes onramps, frontage roads, and crossroads are very light; (2)where sight distance is not restricted; and (3) where access toadjacent rural land was denied during construction of theInterstate and is now absolutely necessary.

DOTD must own frontage road between ramp connection andcrossroad.


_____


57/58

X-Pattern One-Way

DOTD will not allow this frontage road type.

Continuity of control-of-access between Interstate mainline

and state highway crossroad is not preserved. Autos/trucks traveling between Interstate and other state

arterial highways should not be subject to travel on lower

classification collector roads to make the connection.


58/58

Hybrid One-Way

Frontage roads must connect one crossroad with another.

X-Pattern One-Way allowed only for connections with local

crossroads with control-of-access in vicinity of ramp connections.

Connections to state highways must be Traditional One-Way with

control-of-access preserved between mainline and crossroad.


s14_annexation of highway rights-of-way_ltc2013

Documents